The summaries below are intended for informational use only, and are not a substitute for competent legal counsel. For official details, please review the texts of the actual law (links provided where possible).

Oregon State Bar: Oregon Marijuana Law

Marijuana still remains a controlled substance under state law for non-medical marijuana cardholders, and possession, cultivation, and delivery are illegal.

• Possession (less than 1 oz.): misdemeanor, no prison time, $500 to $1000 fine.
• Possession (1 oz. to 110 g): felony, up to 10 years prison, up to $100,000 fine.
• Possession (more than 110 g): felony, variable prison time based on prior record, variable fine.
• Delivery of marijuana without sale (less than 5 g): misdemeanor, no jail time, $500 to $1000 fine.
• Delivery of marijuana without sale (5g to 1 oz): misdemeanor, up to 1 year prison, up to $5,000 fine.
• Sale of marijuana, any amount: felony, up to 10 years prison, up to $200,000 fine.
• Sale of marijuana to a minor at least three years younger than seller, or within 1000 feet of a school: felony, up to 20 years prison, up to $300,000 fine.
• Manufacture (growing) marijuana, any amount: felony, up to 20 years prison, up to $300,000 fine.
• Sale of paraphernalia: misdemeanor, up to 1 year prison, up to $5,000 fine.
• Knowingly maintaining, visiting or even staying at a place where people are using, storing, or selling marijuana (less than 1 oz.): misdemeanor, no prison time, $100 fine
• Knowingly maintaining, visiting or even staying at a place where people are using, storing, or selling marijuana (1 oz. or more): misdemeanor, up to 1 year prison, up to $5,000 fine
• All marijuana convictions above, plus driving under the influence of marijuana, result in a six month drivers license suspension, unless the court finds reason not to suspend driving privileges.
• All marijuana convictions bring the potential of asset forfeiture where vehicles, homes, property, or land may be seized by the state if the item was material in the sale, cultivation, delivery, or storage of marijuana.

Oregon's Medical Marijuana Law

Marijuana is legal to use, possess, cultivate, and deliver for patients who have a doctor's prescription and are registered under the auspices of the Oregon Medical Marijuana Program.

• Patients or Caregivers may possess up to 24 ounces of usable marijuana.
• Patients or Caregivers may possess up to 6 mature and18 immature plants at any time.
• More changes under the new Oregon Senate Bill 1085 also take effect on January 1, 2006. See our OMMA Handbook for more details.

Your Constitutional Rights

The U.S. Constitution prohibits the government from interfering with your right to remain silent, to consult with an attorney, and to be free from unreasonable searches and seizures by law enforcement. However, it is up to you to assert these rights.

If you are confronted by a police officer, remain calm. Be courteous and provide your identification. Politely refuse to answer any further questions. Ask to talk to your attorney. Do not consent to any search of your person, your property, your residence, or your vehicle. Say the following statements to your officer (click here for a wallet card).

I hereby invoke and refuse to waive all of the following rights and privileges afforded to me by the U.S. Constitution:

I invoke and refuse to waive my Fifth Amendment right to remain silent. Do not ask me any questions.

I invoke and refuse to waive my Sixth Amendment right to an attorney of my choice. Do not ask me any questions without my attorney present.

I invoke and refuse to waive all privileges and rights pursuant to the case Miranda v. Arizona. Do not ask me any questions or make any comment to me about this decision.

I invoke and refuse to waive my Fourth Amendment right to be free from unreasonable searches and seizures. I do not consent to any search or seizure of myself, my home, or of any property. Do not ask me about my ownership interest in any property. I do not consent to this contact with you. If I am not presently under arrest or under investigatory detention, please allow me to leave.

Any statement I make, or alleged consent I give, in response to your questions is hereby made under protest and under duress and in submission to your claim of lawful authority to force me to provide you with information.

If the officer fails to honor your rights, remain calm and polite, ask for the officer's identifying information and ask him to note your objection in his or her report. Do not attempt to physically resist and unlawful arrest, search or seizure. If necessary, you may point out the violations to a judge at a later time.